In order to protect the health and safety of our staff and clients, and in compliance with directives from the Governor of New Jersey, our physical office in Cherry Hill will be closed for an indeterminate time, in an effort to help halt the spread of the Coronavirus.
Please be assured that our team will remain working remotely at home and virtually on behalf of our clients and will keep them informed of any developments in their cases.

We are accepting new Workers’ Compensation. Social Security Disability and Personal Injury cases. Our receptionist is working full time to better serve you. New clients and existing clients can reach us at 856-429-5661 or email us at info@jacobslawoffice.com .
We will notify you when our physical office will open again. In the meantime, feel free to contact us, as we remain committed to our clients! Stay safe as we navigate through this crisis together.

WORK- RELATED AGGRAVATION OF PRE-EXISTING CONDITIONS | Jacobs, Schwalbe & Petruzzelli, P.C.
Jacobs, Schwalbe & Petruzzelli, P.C.
Assisting New Jersey Clients Since 1977
856-375-1028 Toll Free : 1-800-273-2471

WORK- RELATED AGGRAVATION OF PRE-EXISTING CONDITIONS

It is a basic tenet of New Jersey Workers' Compensation law that the employer takes the employee as it finds him. This rule most often finds application in cases where a subsequent work-related accidental injury or occupational disease is accelerated, activated, worsened, or contributed to by a previous disease, as distinguished from a physical disability of an orthopedic nature. An employee is not precluded from pursuing Workers' Compensation benefits under the requirement that the injury arise out of the employment, as long as the proofs demonstrate that the petitioner's condition was "aggravated, accelerated or combined with the pre-existing disease or infirmity to produce the disability for which the compensation is sought." Sexton v. County of Cumberland/Cumberland Manor, 404 N.J. Super. 542, 555 (App. Div. 2009).

However, the mere fact that employment occurred after the development of a pre-existing condition, even if that employment was strenuous, does not in and of itself prove an aggravation of a pre-existing condition. In Peterson v. Hermann Forwarding Co., 267 N.J. 493 (App. Div. 1993), the last employer was not liable for disability under a theory of occupational exposure showing the conditions characteristic to an occupation of a truck driver employment subsequent to an accident contributed in a material degree to the claimant's disability. Facts show the petitioner had a significant accident followed by a return to employment as a truck driver. The Court concluded the strenuous nature of the work should not have caused permanent disability and noted the disabling condition worsened even after he quit working.

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Jacobs, Schwalbe & Petruzzelli, P.C.
Woodcrest Pavilion
Ten Melrose Avenue, Suite 340
Cherry Hill, NJ 08003

Phone: 856-375-1028
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In order to protect the health and safety of our staff and clients, and in compliance with directives from the Governor of New Jersey, our physical office in Cherry Hill will be closed for an indeterminate time, in an effort to help halt the spread of the Coronavirus.
Please be assured that our team will remain working remotely at home and virtually on behalf of our clients and will keep them informed of any developments in their cases.

We are accepting new Workers’ Compensation. Social Security Disability and Personal Injury cases. Our receptionist is working full time to better serve you. New clients and existing clients can reach us at 856-429-5661 or email us at info@jacobslawoffice.com .
We will notify you when our physical office will open again. In the meantime, feel free to contact us, as we remain committed to our clients! Stay safe as we navigate through this crisis together.